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Maritime Safety Maritime Bulletins VMS MB 109 - The new STCW Convention
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| Overview | Regulation I/7 and
Section A-I/7 include the most far-reaching requirements ever imposed by IMO.
Until the Maritime Safety Committee (MSC) gives a positive confirmation that a
Party has met all the requirements of STCW, other Parties (e.g. port States)
need not accept the certificates and licenses issued by that Party. Member
Governments have had to forfeit sovereignty and for the first time IMO itself is
given authority over individual Parties. Parties will be required to provide
detailed information to IMO concerning administrative measures taken to ensure
compliance with the Convention, education and training courses, certification
procedures and other factors relevant to implementation. This information will
be used by MSC to identify Parties that are able to demonstrate that they can
give full and complete effect to the Convention. Governments will have to
establish that they have the administrative, training and certification
resources necessary to implement the Convention. No such proof is required in
STCW 78 or in any other IMO instrument.
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| Overview | Regulation I/8 and
Section A-I/8 require a quality standards system to be used where training,
assessment of competence, certification, endorsement and revalidation activities
are carried out. Guidance covering this subject is contained in Section B-I/8 of
the Code. This subject is bound to be troublesome even though the Regulation
does not call for an ISO 9000 system (the auditors of which would not, in
general, meet the professional knowledge standards).
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| External Audits | The Regulations specify
an external auditor and Administrations will need to provide details of suitable
external auditors and their terms of reference. There are significant cost
considerations since they "shall ensure that an independent evaluation is
carried out of the knowledge, understanding, skills and competence acquisition
and assessment activities, and of the administration of the certification
system, are conducted at intervals of not more than five years in order to
verify that all internal management control and monitoring measures and
follow-up actions comply with planned arrangements and documented procedures and
are effective in ensuring achievement of the defined objectives". In fact the
requirements appear to implement ISM Code type requirements in more detail and
before the operative dates for the ISM Code.
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| Overview | Section A-I/7 also
requires the Secretary-General to maintain a list of competent persons approved
by the MSC who may be called upon to assist in the preparation of the report on
the information submitted by Parties outlined above. Countries have been invited
to forward nominations to IMO. Vanuatu has submitted the names of Mr. D. J.
Sheetz (Vice President-Maritime Safety) and Dr. J. Cowley as its nominees.
Meetings of those on the list may be held at the discretion of the
Secretary-General and their views shall be taken into account in the report
submitted to the MSC.
Section A-I/8 also covers matters primarily relating to officer producing countries which include the education and training objectives and that the related standards of competence to be achieved are clearly defined and identify the levels of knowledge, understanding and skills appropriate to the examinations and assessments required under the Convention. However, under the Amendments, flag States have additional responsibilities. Consequently, the breadth and depth of involvement of countries using the certificate holders certificated under the Amendments and the scope of their quality standards system needs careful study.
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| Overview | Whilst shipping
companies have always been responsible for ensuring that their ships are both
safely manned and meet the Regulations, the Amendments introduce new detailed
requirements similar in principle to, but more specific than, those of the ISM
Code. By definition, "company" may include entities beyond the territorial
jurisdiction of the flag State. In all cases, the flag State should ensure that
it exercises effective jurisdiction and control, if necessary through
de-registration.
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| Compliance with Flag State Legislation | Flag States have to
produce legislation by which they require companies to ensure that:
In particular, written instructions to the master of each ship setting out the policies and the procedures to be followed to ensure that all seafarers who are newly employed on board the ship are given a reasonable opportunity to become familiar with the shipboard equipment, operating procedures and other arrangements needed for the proper performance of their duties, before being assigned to those duties. These policies and procedures must include:
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| Overview | Regulation I/4 of STCW
95 puts increased emphasis on port State control but, in the absence of "clear
grounds" for believing that the STCW 95 standards are not being maintained,
control is limited to: verification that all officers' certificates are in order
and that: the numbers and certificates of the seafarers are in conformity with
the Safe Manning Document. In the event of "clear grounds", the certificates of
ratings may be assessed in accordance with the control procedures given in
Section A-I/4 of the mandatory code. This control may involve the assessment of
the competence of individual seafarers in the place of duty.
The "clear grounds" mentioned above include: a collision, grounding or stranding; an illegal discharge; operations which pose a danger to persons, property and the environment and "deficiencies" which include: failure to hold an appropriate certificate; failure to comply with the Safe Manning Document's provisions; watch arrangements which do not conform with those specified by the flag State; absence in a watch of a qualified person; inability to provide for watches persons who are sufficiently rested and otherwise fit for duty. It is thus essential that extreme care is taken to ensure that the detailed requirements of STCW 95 are met at all times to avoid detention and delay to the vessel.
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| Investigations | Parties are required to
establish procedures for investigating acts by persons to whom they have issued
certificates that endanger safety or the environment. Penalties and other
disciplinary measures must be prescribed and enforced where the Convention is
not complied with (Regulation I/5);
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| Simulators | Technical innovations,
such as the use of simulators for training and assessment purposes have been
recognised. Simulators will become mandatory for training in the use of radar
and automatic radar plotting aids. Provisions covering the use of simulators, in
particular radar and automatic radar plotting aids equipment, are contained in
Regulation I/12 and Section A-I/12 of the STCW Code;
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| Revalidation | Every master, officer
and radio operator shall be required at intervals not exceeding five years to
meet the fitness standards and the levels of professional competence contained
in Section A-I/11 of the STCW Code.
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| Medical Standards | All Parties must
establish standards of medical fitness for seafarers, particularly regarding
eyesight and hearing and ensure that candidates for certification provide
satisfactory proof of their identity, age, medical fitness (including
documentation from a qualified medical practitioner recognised by the Party),
and provide other information relative to their competency.
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| Overview | The watchkeeping provisions previously contained in Chapter II have been transferred to a new Chapter VIII and the revalidation requirements for masters and deck officers have been consolidated with those for engineer officers and radio operators in new Regulation I/11. The revised arrangement of Chapter II Regulations and the main changes made are given in Table 2. |
| Regulation | Summary of main changes |
| II/1 Mandatory minimum requirements for certification of officers in charge of a navigational watch on ships of 500 gross tonnage or more | Approved education and training required in all cases. One year seagoing service as part of an approved training programme in accordance with Section A-II /1 and documented in an approved training record book or three years approved seagoing service. Must hold appropriate radio certificate i.e. hold a VHF certificate; and if designated to have primary responsibility for radio-communications in an emergency, hold an appropriate certificate. |
| II/2 - Mandatory minimum requirements for certification of masters and chief mates on ships of 500 gross tonnage or more | All reductions for special training eliminated. Minimum service for chief mate reduced to 12 months in charge of a navigational watch. |
| II/3 - Mandatory minimum requirements for certification of officers in charge of a navigational watch and masters on ships of less than 500 gross tonnage | Near
coastal ships - Officer in charge of watch: Approved education and training
required. Must hold appropriate radio certificate (i.e. as in II/1
above). Master: Approved education and training required. |
| II/4 - Mandatory minimum requirements for certification of ratings forming part of a navigational watch | Must be duly certificated. |
| In each of the above 4
cases the candidate must meet the competence standards which are detailed in
numerous tables in the mandatory Code. For example, the minimum standard of
competence for masters and chief mates is spelled out in 17 tables, each of 4
columns.
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| Overview | The mandatory minimum
requirements for certification of officers in charge of an engineering watch are
defined in an similar manner to that outlined for deck officers. All engineer
officers must undergo training in mechanical and electrical workshop skills
relevant to the duties on board ship. In particular, every candidate for certification as officer in charge of an engineering watch in a manned engine-room or as designated duty engineer in a periodically unmanned engine-room of ships powered by main propulsion machinery of 750 kW or more must follow an approved programme of on-board training which:
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| The minimum knowledge,
understanding and proficiency required for certification is listed in tables in
the Code and the prescribed level of competence must be tested and every
candidate for certification must provide evidence of having achieved the
required standard of competence in accordance with the prescribed methods for
demonstrating competence.
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| Methods for Demonstrating Competence (Deck, Engine and other candidates). | The specified "methods
for demonstrating competence" are exclusive and no other methods can be
accepted. In all cases "approved" means approved by the Party under whose
authority the certificate is to be issued. The approval of training or
experience etc. by one Party does not necessarily mean that it has been or will
approved by another Party. Each Party is responsible for identifying, reviewing,
specifying, approving and monitoring the quality of the types of training,
experience, assessments and tests it will accept for the purposes of
demonstrating competence for certification under the Convention. All Parties
should make available to seafarers information on the training courses and
programmes, types of seagoing experience etc. which they have approved.
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| Standards of Competence | A standard of
competence has been established for each certificate issued under Chapters II,
III, IV and VI. These standards are set out in tables which identify each
individual element of competence, the associated knowledge, understanding and
proficiency required, the methods which must be used to demonstrate that
competence and the criteria by which that competence is to be evaluated.
The standard of competence required for a certificate of proficiency in survival craft and rescue boats other than fast rescue boats and those for certification in advanced fire-fighting and in medical first aid are all incorporated by reference in the requirements for certification as officer in charge of a navigational watch in seagoing ships of any size and for certification as officer in charge of an engineering watch. In the case of alternative certificates (Chapter VII), the standard of competence for each function and level of responsibility is identified in the appropriate competence table provided for each certificate issued under Chapter s II, III and IV. Reference therefore has to be made to one or more of the tables of the STCW Code. The standards of competence required for traditional and alternative (functional) certificates are thus exactly the same.
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| Navigation | Ratings forming part of
a navigational watch (Regulation II/4 and Section A-II/4) on a seagoing ship of
500 gt or more must demonstrate the competence to perform the navigation
function at the support level as specified in table A-II/4 and every candidate
for certification must provide evidence of having achieved the required standard
of competence in accordance with table A-II/4. Of the Code.
Where there are no tables of competence for the support level in respect of certain functions, it remains the responsibility of the Administration to determine the appropriate training, assessment and certification requirements to be applied to personnel designated to perform those functions at the support level. |
| Engine | The requirements for
engine-room ratings forming part of a watch in a manned engine-room or
designated duties in a periodically unmanned engine-room (Regulation III/4 and
Section A-III/4).are prescribed in a similar manner as those for deck ratings.
Demonstration of Competence and Assessment of Evidence (Deck and Engine) is to be obtained from a practical test, or approved in-service experience or approved training ship experience. Ratings assigned special duties on tankers must also be duly certificated (Regulation V/1). Those serving on ro-ro passenger ships must hold documentary evidence that they have completed the necessary sea service and found to be duly qualified (Regulation V/2). Seafarers engaged in any capacity on any seagoing ship who are to be assigned any safety or pollution prevention duty in the operation of the ship must produce evidence of having achieved or retained the standard of competence specified for basic training within the previous five years. (see Section A-VI/1, paragraph 2). Seafarers designated to control fire-fighting operations must hold a special certificate, endorsement or documentary evidence of having attended a course in advanced fire-fighting (Regulation VI/3). Candidates for certification or endorsement must provide evidence of having achieved the required standard of competence within the previous five years. Seafarers designated to provide medical first aid on board a seagoing ship must hold a special certificate, endorsement or documentary evidence of having attended a course in medical first aid as specified in Section A-VI/4, paragraphs 1 to 3. |
| Overview | These Amendments have
relatively little effect additional to those already mentioned and until the 1
February 1999, radio personnel on ships complying with SOLAS provisions in force
immediately prior to 1 February 1992 must comply with the provisions of STCW,
1978 in force prior to 1 December 1992.
The standards of competence for holders of certificates appropriate to GMDSS are given in Section A-IV/2 of the Code.
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| Overview | There are no changes in
the mandatory minimum requirements for the training and qualifications of
masters, officers and ratings on tankers.
Mandatory minimum requirements for the training and qualifications of masters, officers and ratings on ro-ro passenger ships have been introduced.
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| Overview | Regulation VI/1
specifies that all seafarers must receive familiarisation and basic safety
training or instruction in accordance with Section A-VI/1 of the STCW Code which
specifies the appropriate the standard of competence.
Regulation VI/3 specifies the mandatory minimum requirements for training in advanced fire-fighting, the standard of competence for which is given in Section A-VI/3 for the STCW Code. In both cases, those with safety and pollution prevention duties in the operation of the ship must provide evidence that they met the appropriate standard of competence within the previous five years. Regulation VI/2 specifies the mandatory minimum requirements for the issue of certificates of proficiency in survival craft, rescue boats, and fast rescue boats (which requires attendance at an approved training course). Regulation VI/4 specifies the mandatory minimum requirements relating to medical first aid and medical care (Section A-VI/4 of the STCW Code) for seafarers designated to take charge of medical care on board ship.
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| Overview | Under this system,
Parties may elect to issue, or authorise the issue, of certificates (other than
those previously mentioned) which permit the holder to serve in alternative
positions on board ship. There are no concessions. In particular:
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| Overview | New provisions have
been added relating to hours of rest for watchkeeping personnel (Chapter VIII/1
- Fitness for Duty). Also, under Chapter VIII/2, provisions relating to
watchkeeping arrangements and principles to be observed are included covering
voyage planning and watchkeeping at sea and in port.
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| Fitness for Duty | For the purpose of
preventing fatigue, owners must establish and enforce rest periods for
watchkeeping personnel; and require that watch systems are so arranged that the
efficiency of all watchkeeping personnel is not impaired by fatigue and that
duties are so organised that the first watch at the commencement of a voyage and
subsequent relieving watches are sufficiently rested and otherwise fit for duty.
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| Hours of Rest | All persons who are
assigned duty as officer in charge of a watch or as a rating forming part of a
watch shall be provided a minimum of 10 hours of rest in any 24 -hour period.
The hours of rest may be divided into no more than two periods, one of which
shall be at least six hours in length. The requirements for rest periods need
not be maintained in the case of an emergency or drill or other overriding
operational conditions.
Notwithstanding the above provisions, the minimum period of 10 hours may be reduced to not less than six consecutive hours provided that any such reduction shall not extend beyond two days and not less than 70 hours of rest are provided in each seven day period. Watch schedules shall be posted where they are easily accessible.
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| Watchkeeping Arrangements and Principles to be observed |
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| Overview | The discerning reader
will have noticed the continuous thread of competence and documentation
throughout this Bulletin. It is not sufficient to be competent. Competence must
be demonstrated through documentation. It makes sense to ensure that all
training record books are kept up-to-date and signed by senior officers and that
all relevant documents are available in English. The International Shipping
Federation (ISF) has produced an On-Board Training Record Book for Deck Cadets
to cover the Convention's requirement for structured on-board training. Other
record books are being developed and further information on this topic will be
provided. -We will have failed if one of our ships is detained and competence
has to be demonstrated in front of a port State control officer because an
officer cannot produce a certificate or a master has not ensured that watch
schedules have been posted in accessible positions.
The competence of all of us is open to examination - flag States, shipowners, masters, officers and other seafarers. STCW 95 is almost upon us and it is incumbent upon all concerned to study the Convention at least as closely as the port State control officers and find out exactly what is expected of us. Let us get it right first time. Vanuatu will continue to provide information on all conventions' requirements but any Owners who are in doubt, are invited to direct their questions to VMS, attention Deputy Commissioner of Maritime Affairs. See contact details.
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| Overview | Thank you for reading this Bulletin. It cannot have been easy reading. Although it is lengthy, it cannot cover all aspects of the 320 pages of the Convention's small print and numerous tables. If the Bulletin provides a useful introduction to STCW 95, it will have fulfilled its purpose. |
| The information in this publication is provided for the sole use of selected clients of VMS Ltd. While every care has been taken in preparation, no warranty is given as to the correctness of the information contained herein and no liability is accepted by VMS Ltd. for any statement, opinion, error or omission. Contact VMS Limited. |
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